05/01/2024

Housing Regs Benefit a Few, Hurt Others

The legal issue isn’t solely about housing, but about whether cities have unlimited power to extract concessions from homebuilders for things that are not “impacts” from the project. In other words, it’s legitimate for government to require new developments to pay to mitigate the effect of the new residents on local infrastructure (roads, sewers, fire service), but is it OK for cities to require affordable housing just because officials want to see more of it built?

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